Skip to main content

tv   [untitled]    August 4, 2012 8:30pm-9:00pm PDT

8:30 pm
something like that. i think she -- she's always doing -- [inaudible] if she has permit for that or not but she's always doing that. and something happened between ross and her shall she looks like she put money and ross was not agree with that money and he didn't want to pay wg, something like that and she brought that day in the back yard porch. and she said i'm not happy with ross. >> she said that during that conversation? >> yes. >> in which you discussed with her? >> yes, and they brought that about the money. finish, please. >> you did discuss with cali williams what your husband did on december 31? >> yes.
8:31 pm
>> now, in your declaration you testified you went to speak with cali williams because ms. madison had advised you to talk to cali williams? >> yes. >> ok. and you spoke with cali williams around 1:00 in the afternoon? >> yes. >> that was after you sent the text message to ivory madison? >> i do not recall that, i think, yes. >> so ms. lopez, if you thought ivory madison was calling your husband's political enemies, why did you follow her advice and talk to cali williams? >> oh, because at this point i
8:32 pm
didn't know she was -- no, i did -- at that point i knew she was -- she was using -- i do not remember if at that point i knew she was using our names. when i found that -- maybe i knew at that point that she was using our names. on january 4. that i understood she will never call the police without my consent. so i was trying to be clear on january 4. i do not want to call the police. i want to call a therapist. this is what my emails are about therapy. >> so when you decided to go out and talk to cali williams, at that point in time, did you think ivory madison was out there calling your political
8:33 pm
enemies -- your husband's consent, or did you think that ivory madison wasn't going to call anybody without your consent? >> you are right. very tupeid. i think we were -- for me saying we are not going to call the police, i'm not going to call the police, that plan doesn't work. so let's go back to the first plan, who was in case ross doesn't want to do therapy with me and finally we end in a vorgs, she will help me with the -- in a divorce, she will help me with the custody. so for that thing she told me, do you think cali williams heard something about the fight? and i say, i know she was there. in her declaration she said she was not there on december 31, but in her email to me and also that day, she told me, i didn't
8:34 pm
hear anything. and i say, sure you didn't hear when i say stop? because i think i was very loud. no i didn't hear anything. ok. >> so when you went out to talk to cali williams, did you think that at that time ivory madison was calling your husband's political enemies? >> well, she did in the morning , and i was -- you know what? for that moment i completely forget the video. i was really very naive in believing ivory and believing that she will never do anything against my wishes, and i want just to go back to the first plan. >> so when you went out to talk to cali williams, you didn't think that ivory madison was calling your husband's political enemies? >> no, i already knew that.
8:35 pm
but i didn't think that if i don't decide to call the police, she will never do anything. nobody can do anything. >> ok. now, was there any other -- well, let me step back for a minute. why were you surprised that cali williams wouldn't be able to hear what happened on december 31? >> you have to go to our home. i can hear her dog snoring. i can hear she watching the tv. everybody goes -- we live in a victorian house, that it doesn't happen in isolation. so all the people has been in my house, we hear -- they say you have an elephant up there? and is she walking? and i never called the police or complain to her because it's not her fault. so i can hear her dog snoring,
8:36 pm
i can hear everything she does. so of course i thought she heard me saying stop. because for me i think i was very loud. >> so you thought she heard you say just a single shouted word stop? >> yes. >> ok. >> mr. keith, we're about at your time estimate, or i guess it wasn't really your time estimate, it was my imposed time estimate. how are you doing, though, on -- >> i think i'm moving along. i mean, i -- it's hard to tell how much longer it's going to take. i'm far more than halfway done, i can say that much. but i don't know whether i'm 2/3 done or 3/4 done. i'm giving the best estimate i can.
8:37 pm
>> ok. well, you did say 2 1/2 yesterday. i think we're going to hold you to that. i understand you should get a little bit of leeway because i know you and the witness have not been communicating that well on certain issues and you've gotten answers you didn't ask for. but i mean, i don't think you should expect to go another hour. >> i don't think it will take another hour. >> yeah, well, i'm saying i think you should plan to wrap up in 30. >> i think it's going to take longer than that. i'll go as fast as i can. >> you'll go -- i mean, we have a lot of discretion to how much testimony. we've heard a lot. if you've got -- don't save your very best for last if you don't think you may -- you may not get there. >> ok.
8:38 pm
ms. lopez, what time on december -- on january 4 did you find out that there was a police investigation of what your husband did to you on december 31? >> on january 4, around 3:30. >> ok. and was that when ivory madison told you? >> yes. >> ok. did you have any inkling before 3:30 there was an open police investigation? >> as a good friend and as a good lawyer, she waits three hours to let me know she opened an investigation. i think she was really taking care of me. >> i'll move to strike that response. >> sustained. ms. lopez, you need to answer these questions. >> ok.
8:39 pm
no. >> and were you on the phone with linnette peralta haynes when you found out from ms. madison there was a police investigation? >> no. >> how long after you found out there was a police investigation did you get a call from ms. peralta haynes? >> i cannot tell you how long. we -- i don't know, maybe 10, 15 minutes. >> ok. and where were you when ms. peralta haynes called? >> in the stairs of ivory madison's house. >> interior stairs? >> interior, yes. >> and how long did you speak with ms. peralta haynes beforehanding the phone to ms. madison? >> i do not remember, but i
8:40 pm
just was so panicking and i said to her, my neighbor called the police and i was -- and when i hand the phone to ivory, i was trying to someone speak in english maybe could explain better that i do not want the police involved. >> so you don't -- >> so i just say help me, help me talk with this. she called the police. >> so you don't know how long you were talking with ms. peralta haynes before you handed the phone to ms. madison? >> how long i was talking who with who? >> with ms. peralta haynes before you handed the phone to ms. madison? >> how long i was talking with ms. peralta haynes? how long it takes to say -- 30
8:41 pm
seconds, one minute. >> ok. and what did you hear ivory madison say to ms. peralta haynes? >> i really was trying to pay attention but i couldn't understand anything ivory said. i was so shaking. >> ok. after ivory madison handed the phone back to you, what did you do? >> i do not remember exactly why i -- what i told linnette. i think i told her call ross. let him know what is happening. and goodbye. >> ok. and did you tell ivory madison that you were concerned for your husband's career at that time? >> she was repeating screw him
8:42 pm
and why you trying to protect him? so i said, i do not want to screw him. he's a great politician. >> ok. >> how i am going to destroy him -- >> did you ask ivory madison to tell the police she made a mistake? >> i told her i did not recall exactly what i said because i was almost crying. >> ok. did you tell her not to cooperate with the police? >> i remember saying you don't have my permission to do this. i trust you. i trust you. >> ok. now, i want to look -- i want to go over some emails and text messages that you sent that afternoon. i want to give you exhibit 5 8.
8:43 pm
so this is an email message you sent to ms. madison on january 4? >> yes. >> ok. now, phone records that are already in evidence are exhibit 8 3 shows before you sent this message to ms. madison at 4:14 you had a call with linnette peralta haynes that began at 3:56 p.m. and lasted 15 minutes, 36 seconds. in that phone call with ms. peralta haynes, did you discuss sending an email to ivory
8:44 pm
madison? >> when i left ivory madison's house, i was so shaken that i couldn't find my car. so i was walking on the haith street to city hall and calling ross, calling linnette, calling ross, calling linnette. and then she answered and when i was talking with her and say oh, my gosh, she had a video, goodbye, goodbye, i have to call you back. and then i wrote an email like you don't mess this -- this email. and i really hope you respect my feelings. >> you don't remember having a phone call with linnette peralta haynes that lasted 15 minutes and 36 seconds before sending this email to ms. madison? >> yes. that phone call was 15 minutes when i was talking with her, i
8:45 pm
just realized that the video was in -- she had a video so i closed the conversation and i wrote this. >> ok. so in the phone call with ms. peralta haynes, did you discuss sending this email to ms. madison? >> no. >> ok. and i'd like you to look at another exhibit, exhibit 5 9. and the phone call says you had another conversation that lasted one minute and 20 second. and this email that's exhibit 5 9 was sent at 4:16 p.m. right
8:46 pm
after that call. >> uh-huh. >> did you discuss sending this email with linnette peralta haynes? >> no. no. actually, i wrote this email around 11:00 but i didn't send it because i think she will respect me, so that was already wrote in my -- >> and when you wrote to ms. madison, i've been calling social workers, therapists and lawyers, had you in fact been calling other lawyers the morning of january 4? >> no. >> ok. and did you write this email before or after you spoke with linnette peralta haynes that morning? >> i wrote this email around 11:00 p.m. 11:00 a.m. >> ok. and that was the nice way to tell ivory i don't need your
8:47 pm
help anymore. >> did you write this email before or after you spoke with linnette peralta haynes in the morning for 40 minutes? >> i do not remember. >> ok. now, when you spoke with linnette peralta haynes, did you discuss your husband's childhood? >> i mentioned that. >> now, in either of the calls that you had with linnette peralta haynes in the 4:00 to 4:15 time frame, did you share your feelings with ms. haynes about the fact there was now a police investigation of what your husband had done to you on the 31st?
8:48 pm
[discussion with interpreter] >> i'll say it another way. >> rephrase, yes. >> in the phone calls around ms. her alta haynes around 4ing -- ms. peralta haynes around 4:00 p.m. in the afternoon, did you ask her for advice about how to stop the police investigation? >> the only thing i remember -- i do not remember what we were talking about. i just remember maybe saying how could this happen, oh, my gosh, what are we going to do? this is a disaster, how she could do that. when you're panicking, these are the kind of things you said. you cannot be -- you feel
8:49 pm
betrayed. i was feeling betrayed and was so angry. >> did you discuss with ms. peralta haynes what you should do with regard to telling ms. madison what you wanted her to do? >> i do not remember -- i think i remember saying what is going to happen now? >> now, you had some other calls with ms. madison that afternoon? >> yes. >> and in those calls, the purpose of your calls to them was to tell them not to share any of the information you had given to ms. madison, is that correct? >> they -- well, any of them have my permission to disclose all the conversations that we had. >> and that's why you made the call to them? >> absolutely. >> and where were you when you
8:50 pm
had those calls with linnette peralta haynes between 4:00 and 4:15? >> i walk from ivory's house to city hall. i wait in ross' office in the second floor. he was not there, was with staff. then i walk out to see ross and walk back to my home. all the time i was in the street walking. >> ok. so when you first got to city hall, you first went up to the second floor without having met your husband first? >> yes. >> sock. -- ok. and did you finally connect with your husband by phone when you were here in city hall or when you were downstairs, outside? >> i was sit down in his
8:51 pm
outside of city hallow -- i'm sorry, outside of his office in the second floor in the city hall. when i -- you are talking by phone, right? >> yes. and how long after that did you see him in person? >> he was in -- i don't know where in what event, and he was walking to come here to another event he had at 4:30. so he was walking coming here, and i met him along -- could take maybe seven minutes, walk together. he came from haight and i walk outside and we find each other in haight or grove, i don't remember which one it is. >> ms. lopez, you had more
8:52 pm
calls with linnette peralta haynes that afternoon? >> she was the only person i was talking with. >> as well as your husband? >> and my husband, yes. >> and when you spoke with your husband, did you tell him about the video that you made? >> when? >> when you spoke with your husband that afternoon on january 4, did you tell him ma >> objection, that's vague as to time. >> do you under the question, ms. lopez? >> if i talk to him in the street and i tell him -- i told him about the video? >> yes. >> i do not remember if i told him in the video at that point. i really think i told him at home later, around 7:00 p.m. >> ok. did you tell -- you did tell him, though, that there was a police investigation. >> yes.
8:53 pm
>> ok. so -- i'm going to show you another text message that's part of exhibit 8 0 and for the benefit of the commission, this is a text message, it's not shown on exhibit -- i'm sorry, i apologize. it's shown on exhibit 8 3, january 4, 2012, 5:51 p.m., text message from ms. lopez to her husband.
8:54 pm
so i'm going to show new message on the overhead, ms. lopez. it reads, you have to call hennesey and stop this before something happens. ivory is giving the investigators everything. use your power. when you wrote "use your power" what power were you referring to? >> if you are a supervisor and you just become a sheriff, do something. >> ok. now, you had a -- you did send another text to your husband at 6:05 that evening.
8:55 pm
it's in evidence and in fact it's on the lower part of the page i just handed you. it says, don't write any other thing. answer linnette call, she has some advises. did ms. peralta haynes advise you not to write anything about what was going on? >> i think this is -- tell me which time again? >> this was a message that was sent at 6:05. >> i recall to -- because that was from my brother in venezuela. he said you should close -- say i told him what was happening and he told me close the facebook page, don't write anything.
8:56 pm
and don't talk anymore by phone because maybe they are listening. >> ok. so you sent this text message in response to getting that call -- to getting that advice from your brother? >> yes. and it -- >> did you actually speak with your brother on the phone? >> i don't remember if i did by phone or through skype. but i got that from my brother. and also, i was talking with linnette and linnette said, i have to talk with ross and he's not answering my phone calls. so i text him, answer linnette calls. >> did you send this text while you were talking with your brother? >> you know, i do not remember. at that point i was already with theo because i pick him up at 5:30, so we were already at home, maybe i was in skype. >> ok. what i'm trying to figure out,
8:57 pm
did your brother give you the advice and immediately after that you sent the text? >> yes, yes. and actually we didn't talk any more because we were like so scared that someone is listening, someone is the big brother around and watching all this. he was right. >> were you on the phone with anybody else on your cell phone while you were talking with your brother on skype? >> no. the only people i was talking with was linnette, ross, and that's all. >> ok, my question was a little different. it was when you were talking with your brother on skype, were you talking with somebody else at the same time on your cell phone? did you have two conversations going on at once? >> asked and answered. >> it was asked. i'm not sure it's been answered but i mean, if this is the way
8:58 pm
you're going to spend your time, mr. keith, i'm not inclined to give you a lot more. you can answer the question. >> usually what i do and how i talk with my family every day, we open the computer and they are there, so they see theo playing, they can entertain theo so i can cook. the computer is open and they're there so i can be walking and talking by phone and they can be playing with theo so i can -- >> ms. lopez, i think you may have misunderstood my question. when you had this call with your brother on skype. >> yes. >> did you have another conversation going on on your cell phone at the same time? >> you know, this time was so busy, i was calling linnette, calling ross, calling back, talking with my brother, taking care of theo, so i don't know if actually so many times --
8:59 pm
ok, goodbye, ross is calling. ok, ross is calling right now. no, linnette is calling. oh, bad, whatever, whoo. so i do not remember. and of course i think i did. and i was feeding my son, cooking for my son. doing everything at the same time. i do not remember exactly if i was -- i was panicking, also. i was betrayed. >> now, ms. lopez, did you release a statement to the press on january 5 to the effect of what was happening to your husband was wrong? did you make a public press release on that date? >> january 5? >> yes. >> here or in venezuela? >> here. >> i think we